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Home My WebLink AboutReso 1989-15242 RESOLUTION NO. 15242 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND WILLIAM R. DOTSON FOR CONSULTING SERVICES IN THE REVIEW AND PROCESSING OF FREEWAY INTERCHANGE DESIGNS AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The City Council of the City of Chula Vista does hereby resolve as follows: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that that certain agreement between THE CITY OF CHULA VISTA, a municipal corporation, and WILLIAM R. DOTSON for consulting services in the review and processing of freeway interchange designs dated the 8th day of August , 1989, a copy of which is attached hereto and incorporated herein, the same as though fully set forth herein be, and the same is hereby approved.~ BE IT FURTHER RESOLVED that the normal consultant selection procedure has been waived due to the unique background of Mr. William R. Dotson as the District 11 (San Diego) Director of CalTrans and his familiarity with CalTrans policies, procedures and design requirements which will enhance the City's ability in obtaining design approvals from CalTrans leading to early scheduling of needed freeway inter- change improvement projects. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista be, and he is hereby authorized and directed to execute said agreement for and on behalf of the City of Chula Vista. Presented by Approved as to form by 0374a ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this 8th day Of August 19 89 , by the following vote, to-wit: AYES: Councilmembers Malcolm, Moore, McCandliss, Nader, Cox NAYES: Counci 1 members None ABSTAIN: Councilmembers None ABSENT: Councilmembers None Moyo;~f f~e City of Chulo Vista clerk 4TE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chub Vista, Californio, DO HEREBY CERTIFY thor the obove and foregoing is 0 full, true ond correct copy of RESOLUTION N0. 3_5242 ,and that the some hog not been amended or repealed DATED. '~ ~-i~f City Clerk / CC-660 CONTRACT FOR TRANSPORTATION CONSULTANT SERVICES ,..8nd/or fre~ay tnte~hange projects ~thtn the CITY as specified e~,except East "H'.Street/l-805 and', . ';;,;~/.',.,~".'.. ~"' ~<~;-t~ansportation.. consul rant: fo~ the purposes of cHttcal · ~v1~. analysts. bER 0 ~-,~eva3uatlon. preparation. of reports., wtth respect to satd projects and ~:coo~tnattng.and expediting the reSated efforts.of City s~ff wlth vartous '¢onsu]tEnts. uttitttes. End governmental agencles~ and ~.~,,,,,;~ 4~,~., .: ';/~;'j.. ~-~.'~'~:-:~,~ :~/~/.~, ,:-~, ~.-<~ %. '.:~','.,~,L~s~'~i.~:'.~.;;.-:~':-:"v~',' :',' -~ EAS.::;'. WILLIAM R. DOTSON -ffa"'Tran~portat'ton Consultant ~th: a ca~e~ wtth CaSTrans;',destres to asstat the CITY 0F CHULA VISTA execution of project as wen as coordinate ce~aln activities of Cl~ s~ff. e~aln.N~tned support'consuStants. and other agenctes In the execution of an Independent contractor and professional transpo~atton ;"do m~tually agree as follows: ~ ~e pa~les to thts agree~nt are the CITY OF CHULA VISTA, ~ municipal corporation (beret halter referred to as ."CZ~") and WILLIAM R. DOTSON, transportat1 on ,'.. consul rant actl ng as an t ridependent contractor . beret halter referred to as "CONSULTANT" ), Z~E~ OF PARTIES tS" C~ 8nd..CONS~T~NT, solely: for. the~ CZ~. and perfom the tasks outHned heretnbel~ associated wtth regard - to the - follytrig freeway and/o~ freeway lnte~hange projects: H Street/-5, - 4. ~' Palomar Street/I-5 ~tn Street/I-5 [i.~ ....6. "E" Street and Bontta '~ ;. "L" Street and Telegraph Canyon ~oad/l-80S 8. 0range/I-805 9. ;.' Pa]~a,/I-805~,'.. 10;'~; 14atn Street and Otay VaHey Road/I-80S ' 11Z~ I-5, 1-805 and SR-125 .~; "E" Street/I-5 '"~ ~" OBLIGATIONS OF CONSULTANT pursua'nt' ?'tO': this ~'agreement,! hereby contracts with IIILLIAN '.DOTSON (CONSULTANT) to act on its behalf directly and indirectly and conJunction ~lth CITY staff. in provldtng the following scope. of work: ! processt n ~:the pecifled:,freeway: tnterchange~ design :1 tnciudtnglbut not ltmtted the following:, S. and other Federal,: County,.and enctes' to expedite approval of Envtrenmental Document.. ':,. :~.., documents for CalTrans.:~:u./.~il . · Report iand make ' recommendations to mtntmtze':~,~2';':!:: construction cost and time;! . .. tn project are coordinating efforts. . . Pr ,! ' ':? ' 6' :"'~'!Advi~: ~'~' '!'c!o'u~el city '~t~'ff ~ on "~11 further .'permits end i','. ·, !.',;, ':, agreements which the City must 'consider In order to complete , COORDINATION OF PROJECT REVIEW i · , 'i tO'i. thi's '::~ agreement,' ~: 'CITY ':::: 'shal 1 authorize CONSULTANT to r coordinate and expedtte~ subject to the concurrence of the City HanageP ,'of CITY. all such CITY departments o~ other gevern~n~l agencies as may be necessa~ to undertake 'the ac~v~t~es~ tasks. reviews. and analyses set forth hereinabove assecla~ed ~Jth such develop~nt project ,,.:: .::~:. ,.~ reviews. for the purpose of streamlining the CITY'S cons~derat.~on of '~ Sa~d project and avotdtng unnecessary delays tn revtew, duplfcat~on of ~'- as. between .,:aHous CITY, depar~ents. and other tnefficfent Dend~tures of staff t~me. .,C ;~ · V. ADMINISTRATION OF CONSULTING CONTRACT:". ' ':',:" iTh~';CITY'~erebY~:'aP~lnt$ 'its Public Works Director or his desfgnee as i,the CITY S representative in the review and admtn~stratlon of the ,!~performed by CONSULTANT pursuant to the terms of CONSULTANT'S scope of '- .~ work..,,~CONSULTANT and Public Works Director, or his destgnee, :'i..::meet aS necessary for the. purpose of evaluating, measuring and planning :h~' ~nt~h~'~6'f~;th~s"agreement that the Transportat~o~ Consultant: shall perfore assigned tasks on a part-time, but as-needed bas~s. ~e jpart~es: agree;.. that a reasonable, est~ of. ~e n~eP of h6urs ~~ h $ est~lhhedfoP. specific ~tasks ass~ ned shall reflect such ~e :schedule may be ~vhed fop ~e accomplhh~nt of pressing ~completton of ~e pro~ect.;or, the temination,of this agrement~:; ~1 chever ftrst occurs. . ,:'~':,' .., ~,iT~'~ompensatf~, t~"~e '~ata by CITY to CONSULTANT shall be S6S per hour ~ i~':~':' ~ iforeach hour worked. CONSULTANT shall submit monthly invoices to the ~ i~'~ :7;,.. "Director of Publlc Works of the CITY ~htch shall be due and payabh :.-; ~ ~ wtthtn 30 days...,,....~.:.. , .. ,. . .. ,';:, ,~;~ C0NSULTANT's c~pensa~t0n wfll InclU~e:~11 project related costs for "';~';~L~F~'~ clerlcal services, offtce space, s~pplles, dupllcattng, maps~ and '::~'~ ~oc~nts. Also ~ncluded would be all travel expenses, parktng fees, and telephone calls wtth~n San Dtego County. '~,~:Travel', ~f requested, outstde of San Dtego County will be compensated 'for. actual travel costs (Including car rental~ parklng and atrport }ortatlon service and lodging) plus a per dtem rate of $300,~, Fooc ::~'*;;:, ;;-3- ~ '" '~ I-L t and other'mhcellaneous expenses shall be considered to be fncluded dtem'rate.~: FoP travel outside the County of San Dtego, the ~. ts not entitled to the hourly compensatfon for each worked and that the per dlem rate of $300 shall be considered as full Compensation 'for the consultant's services.. ~':;'~o'!~:~:~il 'Consultant's total cmpensatfo, for sePvfces,. cludfng travel expenses, pursuant to thh agPeemnt exceed $10,000. '~;~ti~"'ha~'~:and;:~hal'i"~aCqufre ,o ~'nterest ~atsoevep fn the subject matter of thfs agreerant, dfrect or ~nd~ct, ~fch ~uld 'c°nst~tute'r'~coh~ct~of':,~nte;'est oP gfve the appearance of ~ch confl~ct.~<j;No~person havfng any such conflict of tnte~st shall oP ~ta~ned by .CONSULTA~ under th~s ag~ment. CONSULTANT .:.~ Y: .certifies, ~n addftfon, that no promhe of futun oP ~' o~eP cons~ aleration of any kfnd has been made to ToP a~ employee,. agent, or ~presentat~ve of CONSULTA~ ~*"~O~'~ ~sf~s~'~f0'~"'t~frd p~rtfes whfch my :be~, ~.confllct wtth {ONSULTANT'S respons~bflltfes under thfs contract. ~e ~,employed u tents, persons, or companies to the :".~ extent that such ~plo~nt does not ~present a confllct of fnterest terfere wlth the satfsfactory perromance of the work described herein. ;,.: ~.~ , . . HOLD HARNESS ~ ~ ~ ~ T:j.: :: ~ ~ ; CONS~TA~:agrees to Indemnify and hold hamless the CZTY from and atnst all 11abllfty, cost and expense Hncludfng wtthout lfmttatlon atto~eys' fees) arJsfng from loss of or damage to any property ~ver or InJury to or death of any person whomsoever caused or agre~ent or the ~ork to be perfo~d by CONSULTANT hereunder. ~Z~'~greeS to: fndemnffy and hold hamless the CONSULTANT from and against all lfab~l~ty, cost and expense Hnclud~ng ~thout limitation attorneys' fees) ar(s~ng from los$ of oP damage to any propeP~ :whatsoever or ~nJu~ to or death of any person ~omsoever caused occ~s~oned by the negligent act oP omtss~on of CZTY oP any agent oP e~ployee of CZTY, aPts~ng out of oP tn connection ~th th~s agreement .or the ffork to be perfomed by CZTY hereunder. event of any dtspute between the parttes, the prevailing ':.shall recover ~ts attorney fees and any costs and expenses ~ncurrod of such d~spute. .,~i~..TERMINATION OF AGREEMENT FOR CAUSE: .., , ,. /if, thrOUgh"any;~ause, CONSULTANT shall fail to fulfill in a ttmely and ' 'proper manner. his obligations under this agreement, or if CONSULTANT ,shall violate any of the covenants, agreements, or stipulations of this .. CITY shall have the right to terminate this agreement by ',... vmttten notice to CONSULTANT of such termination and specifying t~;~,.~,,:.,.. · effective date thereof, at least five (5) days before the effective ....... ~--~"' d."t.* of-e~,Ch-tnrm~natfnn ~"[n +h)t ~vent, all finished or unfinished _ :documents;~' dat~,. studies,' su~/e~. d~awtngs, maps, reports, end uLher ~ materials prepared by CONSULTANT shall, at the option of CITY, become ' *:~:' ":,' the property of CITY, and CONSULTANT shall be entitled to receive Just ,::'..,.,and equttaole compensation for any work satisfactorily completed on ,.ch doc=e.ts a.d other materials .p to the effectiv. date o, .otto, of 1natton; not to exceed 'the amounts payable under Paragraph VIii ~ " ~. TERMINATION FOR CONVENIENCE OF CITY: ~ ,"..' ma~;'!'te~tna~e this agreement at any time' and for any reason bye,. effective date of such termination. in that event. all finished and unfinished-documents and other materials described in Section IV 'hereinabove 'shall. at the option of, CITY. become CZTY'S soh and' exclusive property.'. If the agreement is terminated by CITY as provided 'in this paragraph,' CONSULTANT shall be entitled to receive Just and "" equltable compensation for any satisfactory work completed on such documents . and other material s to the effective date of such termination. CONSULTANT hereby expressly waives any and all clalms for damages or compensation arising under this agreement except as set ...: forth in Paragraph VII! heretnabove in the event of such termination. ~ .. XZV. ASSIGNABILITY; , ' CONSULTANT shall not asstgn..any interest in this agreement. and shall n~t transfer any interest in the same {whether by assignment or ',':~.~:;'~,:' novatton}, without prior written consent of CITY; provided, however, · . that claims for money due or to become due to CONSULTANT from CITY and ...... .;..,APPLICANT under thts agreement may be assigned to a bank~ trust ;,,,:': 7~.-.? company, or other financial institution without such approval. Notlce ';;-~'of such assignment or transfer shall be furnished promptly to CITY. Any assignment requiring approval mayTMnot be further assigned without " "~- CiTY approval. ~'* ' XV.OWNERSHIP PUBLiCATiON REPRODUCTION AND USE OF MATEriAL: data. stattstlcs, forms, designs, *. plans, procedures, systems, and any other materials or properties produced under this agreement shall be the sole and exclusive property of CiTY No such materials or properties produced in whole or in part under t~ts agreement shall be subject to prtvate use, copyrights. or ~patent right by CONSULTANT in the United Sta~es or in any other countr~ -, ;., without the express written cbnsent of CITY. CiTY shall have ,. ,: -5- .. :-~, .; , .,,.~ unrestricted authortt3r. to publish, disclose (as p~Y1stons of the Fub~c.Records ~ct)~ dlstTlbu~, ~nd o~e~lse. use~... cop~r1~ht'o~ XVZ. INDEPENDENT CONTRACTOR: ... ~', CI~ ts ~nte~s~d onlY" '~n': the ~sults ob~tned, ',and CO~CTOR shall perfore as an tnde'~n~nt contractor Nfth~sole control of the runner end roans of perfomtng.~:~e sentces' ~qutred :under .thfs ag~ment; CZ~ maintains ~e, rfght'/only to ~Ject .or accept': COtlSULTANT.'S'.'ftnal ~ p~duct as' each. phaS~;of,::thts' ag~e~nt. ts cmpleted,, 'CONSULTANT and a~ of CONSULT~ S'. agents ,; eployees;~;oP~p~sentattves all purposes under thfs" agmmnt, an Independent contractor,.and. shall not be dee~.~,-~- be '. an~-~loyee of CZTY,:,' and ~,none. of-. them' .' sha11-: '. be · entttled ~ a~.beneffts:;~";;~fch'~'CZ~ employees are ,'entftled,- Including, but not 11ef~d:~o', "~verttme; rett~mnt. beneffts,':'.~o~er2s cmpensatfon be~ffts, radical benefits, t~u~ leave, or other,'.leave beneft ts, ' :::. :'-"~ .- :~:: .- ',t .... :.- ~..- by CONS~T~T to-.be. p~rfo~d under .thts agreerant,. Such changes, tncludlng a~ tncrease:'or .d~ase tn.t~e amount".of ;CONSULT~T'S CO~EN~TZON, ~tch a~ mutually' ag~ed.'~pon' by CZ~ ,and' CONSULTA~ shall be effective as men~nts' td' th~s agreeent .only ~en'tn, wrt. t.ing, IN .I~ESS ~ERE~. CI~ '~dL.,CONSULT~T';"~a~e. ;executed thf s" contr~'ct for Transportation Services (ag~mnt) ~$s ,'Bth d~.'of'-Au~st '.. '. .19 8J. APPROVE S TO FO~ BY: '.~. ,.~ : .' '..~ : ' CONSULTANT: ; '.}:. ' ~ By: William R. Dotson ~C 4490E -